civil law

FOREIGN AWARD - has been defined to mean an award on differences between persons arising out of legal relationships, whether contractual or not and considered as commercial under the law in force in India, and made in pursuance of an agreement in writing for arbitration to be governed either by the New York Convention or by the Geneva Convention, in the territory of a notified foreign state. ..

  Registration Act : SEC : 17 : Under the said section registration of a documents related to any immoveable property if it is more than Rs.100/- then it should be registered., even tittle of the immoveable property cannot be conveyed to other person without a properly stamped registered document. In case of..

The Hindu Succession Act was passed in the year 1956. After Independence, the legislators sought to give right over property to woman and consequent to it the right to dispose of the property the way she chose and also for her next of kin to inherit. Unfortunately a distinction was made in the way property of a woman and a man would devolve when they would die intestate. Emphasis is placed on t..

Temporary injunctions are such as are to continue until a specified time, or until the further order of the Court. Such injunctions may be granted at any stage of a suit, and are regulated by the Code of Civil Procedure, 1908.[2] Temporary or interlocutory injunctions are to continue temporarily, i.e., for a specified period or until further orders of the Court. They are granted on the basis of a ..

The Arbitration and Conciliation Act, 1996 came into force with effect from 22.8.1996. It consolidates and amends the law relating to domestic arbitration, international commercial arbitration and enforcement of foreign arbitral awards. It applies to the whole of India. It applies to the State of Jammu and Kashmir to the extent of the provisions relating to enforcement of foreign awards, which a..

Importance of Attesting Witness in case of WILL : When the genuiness of the will is questioned, the due execution of the will has to be proved by the person who produces the document to make or establish any claim. To prove the execution of the will, the examination of at least one attesting witness is necessary. However, though a will, ordinarily must be proved, keeping in view the provisions ..

Hindu Marriage Act, 1955 Sec 16- Legitimacy of children of void and voidable marriages- sub sec ( 1) (2) & 3 of sec 16- social status of an illegitimate son right to inherit the properties- Introduction of sec 16-Scope and object of – HELD, THE OBJECT SOUGHT TO BE ACHIEVED BY THIS PROVISION OS TWOFOLD. Firstly the restoration of status. For the act of the parents over which the innocent child h..

SEC 100 CPC : Suit for partition and separate possession –Death of the male head of the family leaving behind his widow and four daughters – continuation of joint family- right of widowed mother to alienate family properties – application of sec 7 of limitation act, 1963 to the plaintiffs 3 & 4 who were minors at the time of institution of the suit – held, the sole male head of the hindu joint fa..

CONDONATION OF DELAY The basis of the principle of condonation of a delay, that has managed to creep into the due process of litigation in any matter, relates to Section 5 of The Limitation Act, 1963. This provision lays down the necessities and requirements of circumstances where the Court can condone a delay in the proceedings. Section 5 of The Limitation Act, 1963 provides as follows: Ex..

Mother is the only person to look the welfare of the child. It is decided in the reported case. ILR 2003 KAR p.No. 4431. Hindu marriage Act,1955-sec26-Hindu Minority and guardianship act 1956-sec 6- custody of the child-Both husband and wife claiming custody of the child-Family court after giving weighty reasons orders custody of the child to mother. The same questioned in High Court. Held chi..

It is reported very good judgement. Insurance-contract of Insurance -Life insurance policy clause-4 Non forefeiture regulations challenge to the constitutional validity of forefeiture of the premium amount pid by discontinued policy holders-action of the authorities-legality of HeLD The condition imposed by the insurance company while assuring the life of the policy holdes to forfeit the amount i..

CPC u/o 1 r 10 addition of party - suit for specific performance of contract for sale- Third stranger claiming independent tittle and possession over contractewd property is neither necessary nor propery party and therefore, not entittled to join as party defendant in suit. In a suit for specific performance of contract a third person who claims his his right and possession independently, he is n..

Amendment of plaint in appeal : u/o 6 r 17 of CPC. when proposed amendment not having effect of making out a new case amendment sought of way of additional pleadings and an additional / alternative relief for recovery of possession. Dominant purpose purpose of allowing an amendment is to minimize the litigation. The power of the courts to grant a prayer for amendment is quite wiide and it can b..

Hindu lw- Joint familuy seperation-Presumption that members of Hindu family are joint is stronger in case of a father and his sons. One who pleads that a member has separated himself from the family has to prove it satisfactorily. So burden of seperation lies with the person who alleges that...

ADOPTION in the Hindus is covered by The Hindu Adoptions Act and after the coming of this Act all adoptions can be made in accordance with this Act. It came into effect from 21st December, 1956. Prior to this Act only a male could be adopted, but the Act makes a provision that a female may also be adopted.This Act extends to the whole of India except the state of Jammu and Kashmir. It applies t..